PART FOUR — TRAFFIC CODE
Title VII — Parking
Chapter 451 — Parking Generally
Complete to December 31, 2007CROSS REFERENCES
See sectional histories for similar State law.
Parking waste collection vehicles restricted, CO 203.08
Parking commercial vehicles in residential districts, CO 349.13
Downtown area parking, CO 403.04
Parking near stopped fire apparatus, CO 431.27
Lights on parked or stopped vehicles, CO 437.09
Restrictions on driving and parking in parks, CO 559.60
Airport parking areas, CO 571.37 et seq.
Abandoned vehicles prohibited at airports, CO 571.40
Placing handbills' on vehicles, CO 613.12
451.01 Officer May Remove Ignition Key
A law enforcement officer may remove the ignition key left in the ignition switch of an unlocked and unattended motor vehicle parked on a street or highway, or any public or private property used by the public for purposes of vehicular travel or parking. The officer removing such key shall place notification upon the vehicle detailing his name and badge number, the place where such key may be reclaimed and the procedure for reclaiming such key. The key shall be returned to the owner of the motor vehicle upon presentation of proof of ownership. /hc/(RC 4549.05; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.02 Prima-Facie Evidence of Unlawful Parking
In any hearing of the Municipal Court on a charge of unlawful stopping, standing or parking of a motor vehicle, testimony that a vehicle bearing a certain license was found to be unlawfully stopping, standing or parking in violation of any of the provisions of the Traffic Code, and further testimony that the records of the Ohio Registrar or the Deputy Registrar of Motor Vehicles show that such license plate was issued to the defendant shall be prima-facie evidence that the vehicle which was so stopping, standing or parking was operated by the defendant at the time of the violation. A certified copy showing such fact of registration from the Registrar or Deputy Registrar or a computer printout from the Law Enforcement Automated Data System shall be proof of such ownership.
(Ord. No. 3038-78. Passed 4-30-79, eff. 5-1-79)
451.03 Statutory Prohibited Standing or Parking Places
No person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or to comply with the provisions of this Traffic Code, or while obeying the directions of a police officer or a traffic control device, in any of the following places:
(a) On a sidewalk, except a bicycle;
(b) In front of a public or private driveway or within 2 1/2 feet (30 inches);
(c) Within an intersection;
(d) Within ten feet of a fire hydrant;
(e) On a crosswalk;
(f) Within twenty feet of a crosswalk at an intersection or within twenty feet of a crosswalk located within the block where a school is located during regular school hours;
(g) Within thirty feet of, and upon the approach to, any flashing beacon, stop sign or traffic control device;
(h) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the end of a safety zone, unless a different length is indicated by a traffic control device;
(i) Within fifty feet of the nearest rail of a railroad crossing;
(j) Within twenty feet of a driveway entrance to any fire station and, on the side of the street opposite the entrance to any fire station, within seventy-five feet of the entrance when it is properly posted with signs;
(k) Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic;
(l) Alongside any vehicle stopped or parked at the edge or curb of a street;
(m) Upon any bridge or other elevated structure upon a street, or within a street tunnel;
(n) At any place where signs prohibit stopping, standing or parking, or at any place in excess of the maximum time limited by signs;
(o) Within one foot of another parked vehicle;
(p) On the roadway portion of a freeway, expressway, thruway or controlled-access highway.
(RC 4511.68; Ord. No. 2468-83. Passed 6-11-84, eff. 6-15-84)
451.04 Manner of Parallel Parking
(a) Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the curb side wheels of such vehicle parallel with and not more than twelve inches from the curb, unless it is impossible to approach so close to the curb; in such case the stop shall be as close to the curb as possible and only for the time necessary to discharge and receive passengers or to load or unload merchandise.
(b) This section does not apply to streets or parts thereof where angle parking is lawfully permitted. However, no angle parking shall be permitted on a State Route unless an unoccupied roadway width of not less than twenty-five feet is available for free-moving traffic.
(c) No vehicle shall be stopped or parked on a road or street with the vehicle facing in a direction other than the direction of travel on that side of the road or street.
(d) Notwithstanding any provision of this Code or any rule, air compressors, tractors, trucks and other equipment, while being used in the construction, reconstruction, installation, repair or removal of facilities near, on, over or under a street, may stop, stand or park where necessary in order to perform such work, provided a flagman is on duty, or warning signs or lights are displayed as may be prescribed by the Ohio Director of Transportation.
(RC 4511.69; Ord. No. 70-87. Passed 3-16-87, eff. 3-20-87)
451.041 Physically Handicapped Parking
(a) (1) As used in this section, "handicapped person" means any person who has lost the use of one or both legs, or one or both arms, who is blind, deaf or so severely handicapped as to be unable to move about without the aid of crutches or a wheelchair, or whose mobility is restricted by a permanent cardiovascular, pulmonary or other handicapping condition. (RC 4503.44)
(2) "Special license plates" and "removable windshield placard" mean any license plates or removable windshield placard or temporary removable windshield placard issued under RC 4503.41 or RC 4503.44, and also mean any substantially similar license plates or removable windshield placard or temporary removable windshield placard issued by a state, district, country or sovereignty. (RC 4511.69)
(b) When a motor vehicle is being operated by or for the transport of a person with a disability that limits or impairs the ability to walk and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates, or when a motor vehicle is being operated by or for the transport of a handicapped person and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates, the motor vehicle shall be permitted to park for a period of two hours in excess of the legal parking period permitted by ordinances or regulations, except where such ordinances or regulations specifically provided otherwise or where the vehicle is parked in such manner as to be clearly a traffic hazard.
(c) Special off-street parking locations and privileges for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, shall be provided and designated by the City and all agencies and instrumentalities thereof at all offices and facilities, where off-street parking is provided, whether owned, rented or leased, and at all publicly owned parking garages. The locations shall be designated through the posting of an elevated sign, whether permanently affixed or movable, imprinted with the international symbol of access and shall be mounted at a distance from the ground to the top edge of the sign of five feet. Such locations shall be reasonably close to exits, entrances, elevators and ramps.
(d) Special reserved on-street parking locations and privileges for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, shall be provided upon full compliance with the following requirements:
(1) An investigation determining need for proposed reserved on-street parking for the handicapped must be performed through the Division of Traffic Engineering, including verification that the proposed on-street parking location meets the requirements of this section. The Commissioner of Traffic Engineering must approve the on-street parking for practicality and feasibility of traffic operations. Upon completion of the investigation and the approval of the Commissioner of Traffic Engineering, the Director of Public Safety may designate reserved on-street parking for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, in accordance with the requirements of Section 403.03.
(2) When applying for an on-street parking space for the exclusive use by persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, the following information shall be supplied by the applicant to the City and shall be used as criteria for determining the appropriate location for a handicapped parking space:
A. The nature and use of adjacent buildings;
B. The number of on-street parking spaces requested, with the maximum requested spaces not to exceed three (3) adjacent or contiguous spaces;
C. Any other information which the Director of Public Safety or Commissioner of Traffic Engineering may require.
(3) Reserved on-street parking spaces for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, shall not be provided at any location where off-street parking locations and privileges for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, are available in close proximity to the proposed on-street parking location.
(4) Reserved on-street parking spaces for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, shall be located as close as practicable to educational institutions, government buildings, hospitals, medical centers, cultural institutions and recreational facilities.
(5) Reserved on-street parking spaces shall not be provided at any location where parking is prohibited by ordinance.
(6) Reserved on-street parking for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, in residential areas may be provided upon satisfying the requirements found in divisions (d)(1), (2), (3) and (5) of this section.
(e) Any handicapped person as defined in division (a) of this section or any property owner may request that a parking space be designated as reserved for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces. Approval of the property owner adjacent to the proposed parking space must be obtained prior to the handicap designation. All requests for designations shall be submitted to the Commissioner of Traffic Engineering. Following the designation of a parking space as reserved for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, by the Director of Public Safety, the Division of Traffic Engineering shall install a sign or signs indicating that an on-street parking space is reserved for the exclusive use of handicapped persons.
(f) When a motor vehicle is being operated by or for the transport of a person with a disability that limits or impairs the ability to walk and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates, or when a motor vehicle is being operated by or for the transport of a handicapped person and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates, the motor vehicle shall be permitted to park in any reserved on-street parking space for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, for a period of two hours in excess of the legal parking period permitted in adjacent parking spaces by ordinances or regulations, except where such ordinance or regulation specifically provides otherwise or where the vehicle is parked in such a manner as to be clearly a traffic hazard.
(g) The Chief of Police or his designee, in his discretion, may limit or temporarily suspend any of the parking privileges specified in this section to cover emergencies or special events and may impose any other restriction deemed necessary in the interest of traffic safety and control.
(h) No person shall stop, stand or park any motor vehicle at special parking locations provided for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, under this section or at special, clearly marked, parking locations provided for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, in or on privately owned parking lots, parking garages or other parking areas, unless the motor vehicle is being operated by or for the transport of a person with a disability that limits or impairs the ability to walk and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates, or when a motor vehicle is being operated by or for the transport of a handicapped person and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates.
(Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
451.05 Manner of Angle Parking
Upon streets where angle parking is permitted, no person shall stop, stand or park a vehicle other than at the angle to the curb or edge of the roadway as is indicated by appropriate signs or markings and entirely within the limits of a space designated by marked lines.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.06 Unattended Vehicle: Duty to Stop Engine, Remove Key, Set Brake and Turn Wheels
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake, and when the motor vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway.
The requirements of this section relating to the stopping of the engine, locking of the ignition and removing the key from the ignition of a motor vehicle shall not apply to an emergency vehicle or a public safety vehicle.
(RC 4511.661; Ord. No. 1459-78. Passed 11-22-78, eff. 11-30-78)
451.07 Opening Vehicle Door on Traffic Side
No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
(RC 4511.70(C); Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.08 Narrow Roadways and Alleys
(a) No person shall stop, stand or park any vehicle upon a street, other than an alley, in such manner or under such conditions as to leave available less than ten feet of the width of the roadway for the free movement of vehicular traffic, except that a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to traffic control devices or signals of a police officer.
(b) No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic.
(c) No person shall stand or park a vehicle on a roadway having less than twenty feet in width.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.09 Hydrant Side of Street
No person shall stand or park a vehicle upon the side of the street on which fire hydrants are placed, unless the roadway exceeds thirty feet in width, when signs are erected giving notice thereof.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.10 Hazardous Traffic Obstructions
No person shall stand or park a vehicle within fifty feet of any hazardous or congested place, when such standing, stopping or parking would create or increase such hazard.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.11 Hospital Grounds
No person shall stand or park a vehicle upon any driveway within the Metropolitan General Hospital grounds.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.12 City Property
No person shall stand or park a vehicle upon any property owned by the City if a sign erected on such property gives notice that such standing or parking is prohibited. In addition, no person shall stand or park a vehicle upon any property owned by the City, even absent any such sign, for more than seventy-two hours.
(Ord. No. 2000-80. Passed 5-18-81, eff. 5-20-81)
451.13 Distance from Theaters
No person shall stand or park a vehicle in front of any theater or in front of or within ten feet of any theater exit when such theater is open for business, when signs are erected giving notice thereof.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.14 Advertising, Displaying for Sale, Washing or Repairing
No person shall stand or park a vehicle upon any roadway for the principal purpose of:
(a) Advertising.
(b) Displaying such vehicle or any article for sale.
(c) Washing, greasing or repairing such vehicle except repairs necessitated by an emergency.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.15 Fire Lanes on Public and Private Property
(a) At the request of the Fire Chief, the Director of Public Safety by regulation adopted in the manner provided in Section 403.03 shall designate as fire lanes such streets or parts of streets upon which the standing or parking of vehicles constitutes a hazard or obstruction to the operation of the fire fighting equipment of the City in case of fire. When so designated and upon the erection of signs giving notice thereof, no person, other than members of the safety forces of the City engaged in the performance of duty at a fire, shall stand or park a vehicle within a fire lane.
(b) The Fire Chief shall designate fire lanes on private property open to public use subject to approval of the property owners involved. Signs, approved as to type and location by the Fire Chief, shall be erected at the prorata expense of such property owners. No person shall stand or park a vehicle within a posted fire lane on private property except in an emergency.
(c) No person shall stand or park a vehicle in any private driveway, alleyway or areaway between buildings, when in the opinion of the Fire Chief, such parking constitutes a fire hazard or an obstruction to or interference with operation of the fire fighting equipment of the City and is so posted.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.16 Street Cleaning
The Director of Public Service shall erect signs upon such streets or parts of streets as the Director designates when such streets or parts of streets are about to be cleaned of dirt, rubbish or snow by the Division of Streets. When signs have been posted, no person shall park a vehicle during the time such street or part of street is so posted prohibiting parking thereon.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.17 Snow Emergency
(a) Whenever, during any period of twenty-four hours or less, snow falls in the City or in a section thereof to a depth of two inches or more, an emergency is declared to exist in that such a heavy snow storm constitutes a serious public hazard impairing transportation, the movement of food and fuel supplies, medical care, fire, health and police protection and other vital facilities of the City. The emergency shall continue until an announcement by the Director of Public Safety that snow plowing operations have been completed, which announcement shall be made in the same manner as outlined in subsection (b) hereof.
(b) Whenever such an emergency exists the Director shall request the cooperation of the local press and radio and television stations to announce the emergency and the time that emergency parking regulations will become effective, which time shall be no sooner than one hour after the first announcement. Such announcement by two local radio stations or two local television stations or in a daily newspaper of general circulation published in the City shall constitute notice to the general public of the existence of the emergency. However, the owners and operators of motor vehicles shall have full responsibility to determine existing weather conditions and to comply with the emergency parking regulations.
(c) During the period of the emergency, the Director may prohibit the parking of any vehicles upon any or all of the City streets designated as a through street or highway by Section 413.02, or as a snow emergency street in the regulations adopted pursuant to the authority of section 403.03. During the emergency, no person shall park, or cause or permit to be parked or permit to remain parked, or abandon or leave unattended, any vehicle of any kind or description upon such specified streets. However, vehicles may be parked for a period of not longer than three minutes for actual loading or unloading of passengers or thirty minutes for actual loading or unloading of property if no other ordinance restricting parking as to place or time is violated thereby.
(d) Any motor vehicle parked in violation of this prohibition may be impounded in accordance with the provisions of Chapter 405 at the cost and expense of the owner thereof. If the Director of Public Safety authorizes additional emergency equipment to be used, the fees to be charged for towing and storage by such authorized agents shall conform to the fees assessed by the City for the same service.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.18 Bus Stops and Taxicab Stands
(a) The driver of any bus, other than a charter bus, or taxicab shall not stand upon any street in any business district at any place other than a bus stop or taxicab stand, respectively, except that this provision shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers or for the purpose of picking up or delivering a message or package.
(b) No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers, when such stopping does not interfere with any bus or taxicab waiting to enter such stop or stand, and when stopping or parking is not prohibited therein.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.19 Motor Carriers
No motor carrier or commercial car carrier with a vehicle net weight not exceeding 6,000 pounds, its agents or employees shall park any motor vehicle used in the business of such motor carrier or commercial car carrier on any street in the City, except not exceeding three minutes while actually discharging or taking on passengers or not exceeding ten minutes while engaged in receiving or discharging goods, wares or merchandise
(Ord. No. 952-A-86. Passed 4-18-88, eff. 4-21-88)
451.20 Truck Zones
(a) No person shall stop, stand or park any vehicle other than a commercial car in any place marked as a truck zone during the hours when such zone is reserved for loading purposes.
(b) No person shall stop, stand or park a commercial car for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a truck zone during the hours when the provisions applicable to truck zones are in effect. In no case shall the stop for loading and unloading of materials exceed thirty minutes.
(c) No person shall stop, stand or park any vehicle for any purpose or length of time other than for the expeditious unloading of materials or pickup and loading of materials in any place where there is a physically recessed area from the street provided for the purpose of such unloading and delivery or pickup and loading of materials, and which area has been posted for loading and unloading. In no case shall the stop for loading and unloading exceed thirty minutes.
(d) Notwithstanding any provision of this Code to the contrary, building service vehicles, while being used for building service business, may stop, stand or park in any place marked as a truck zone during hours when the provisions applicable to truck zones are in effect or in any place where there is a physically recessed area from the street specifically posted for unloading and delivery or pickup and loading of materials, for a maximum period of two hours. As used in this section "building service" refers to entities that are servicing a building and its systems, such as plumbing, electrical, heating, air conditioning, telecommunications systems, kitchen equipment, or other similar building components.
(Ord. No. 1925-02. Passed 11-25-02, eff. 12-3-02)
451.21 Trucks and Commercial Vehicles
(a) No person shall stand or park a truck with a net weight over 7,000 pounds, commercial tractor, trailer or semitrailer in a roadway at any time except for the minimum period required in the usual course of business for making delivery of or loading merchandise for delivery.
(b) No person shall stand or park a truck, commercial tractor or other commercial unit in any public roadway, street or highway at any time in front of or alongside of property used for residential purposes except in case of a breakdown or for delivery or loading and unloading purposes. Commercial vehicles as herein set forth, which are left standing or parked in violation of this section, shall be subject to be impounded upon the complaint of any person or duly constituted law enforcement authority.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.22 Between Sidewalk and Setback Line
No person shall stand or park a vehicle between the sidewalk and setback line in a residential area except upon a driveway.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.23 Tree Lawn and Private Driveway
(a) No person shall stand or park a vehicle in the area between the sidewalk and roadway or, where no sidewalk exists, in the area between the right-of-way line and roadway, except on any section of private driveway within such areas.
(b) No person shall stand or park a vehicle on any section of private driveway in the area between the sidewalk and roadway or, where no sidewalk exists, in the area between the right-of-way line and roadway.
(c) Notwithstanding divisions (a) and (b) of this section, parking may be permitted in such areas at such specified locations as may be recommended by the Commissioner of Traffic Engineering and approved by the City Planning Commission, which will not unduly interfere with travel or constitute a detriment to the character of the neighborhood.
(d) No permit shall be issued until the members of Council of the wards affected have been given written notice by the Commissioner of Traffic Engineering and until the expiration of thirty (30) days from the date of such notice, unless such period of thirty (30) days is expressly waived by such Council members in writing.
(e) When so approved, such permit shall be issued by the Director of Public Service upon the payment to the Director of the cost of hard surfacing the area to be so used and of the appropriate marking thereof for parking purposes. Any permit shall be subject to revocation if such area is not maintained in a condition satisfactory to the Director, unduly interferes with the normal movement of traffic upon such street or otherwise constitutes a nuisance.
(Ord. No. 530-91. Passed 3-4-91, eff. 3-4-91)
451.24 Private Driveway or Private Property
(a) If the owner or person in lawful possession of private residential, commercial or business property posts on the property in a conspicuous manner, a prohibition against standing or parking a motor vehicle on the property, other than temporarily for the purpose of and while actually engaged in loading or unloading, no person shall do either of the following:
(1) Stand or park a motor vehicle on or upon the property without the consent of the owner or person in lawful possession of such property;
(2) Stand or park a motor vehicle on the property in violation of any condition or regulation posted by the owner or person in lawful possession of such property.
(b) Any motor vehicle parked in violation of this section may be impounded upon complaint of any person adversely affected in accordance with the provisions of Chapter 405 at the cost and expense of the motor vehicle's owner.
(RC 4511.681; Ord. No. 2146-82. Passed 2-7-83, eff. 2-8-83)
451.241 Parking Vehicles on Vacant Lots Prohibited
(a) No person who is the owner of a vacant lot shall knowingly allow a vehicle to be parked or left upon any vacant lot within the City unless the lot is a licensed parking lot under Chapter 457 of Codified Ordinances or the lot is an approved off-street parking facility pursuant to the Zoning Code of the City and the lot is clearly marked by a sign identifying the owner, the approved private use, and the parking lot license number, if it is a licensed parking lot.
(b) No person shall stand or park a vehicle upon any vacant lot within the City unless the lot is a licensed parking lot under Chapter 457 of Codified Ordinances or the lot is an approved off-street parking facility pursuant to the Zoning Code of the City and the lot is clearly marked by a sign identifying the owner and the approved private use.
(c) For purposes of this section, a vacant lot shall be defined as a parcel that does not contain any permanent lawful occupied structure.
(d) Cleveland City Council has determined that a vehicle parked on a vacant lot constitutes a nuisance which must be abated. For this reason, any vehicle parked or left upon a vacant lot in violation of this section shall be subject to be impounded as provided in Chapter 405.
(e) Any person who violates division (a) of this section is guilty of a minor misdemeanor for the first offense and is guilty of misdemeanor of the third degree for a second and any subsequent offense. In addition to any other method of enforcement provided for in this section, any violation of the provisions of this section that is a minor misdemeanor may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(f) This section shall not be construed or interpreted in any manner that would hinder or limit the ability of the City to enforce section 3101.10(e) of the Codified Ordinances as it relates to motor vehicles.
(Ord. No. 1491-01. Passed 8-3-05, eff. 8-9-05)
451.25 Abandoned Vehicles
No person shall stand or park a vehicle upon any street, alley or public grounds within the City for a period in excess of seventy-two hours. Any vehicle so parked shall be deemed abandoned and shall be subject to be impounded as provided in Chapter 405.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.251 Prohibition Against Abandonment of Junk Motor Vehicle
(a) No person shall willfully leave an abandoned junk motor vehicle as defined in RC 4513.63 on private property for more than seventy-two hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway, for forty-eight hours or longer without notification to the chief of police of the reasons for leaving the motor vehicle in such place.
For purposes of this section, the fact that a motor vehicle has been so left without permission or notification is prima-facie evidence of abandonment.
(b) Notwithstanding Sections 403.99 and 459.02, whoever violates this Section shall be fined not less than three hundred dollars no portion of such fine to be suspended, and shall also be assessed any costs incurred by the city in removing and disposing of such abandoned junk motor vehicle, less any money accruing to the city from such disposal.
(Ord. No. 520-86. Passed 1-26-87, eff. 1-29-87)
451.26 Vehicles on Service Station Property
As a supplement to and not in contravention of the provisions of Sections 343.20 and 451.27 of the Codified Ordinances, no person who is the operator of a service station or any employee of such person shall permit any vehicle not owned by such person or employee to stand out of doors on such property for more than twenty-four hours, except that in the case of a junked vehicle, no person shall permit such vehicle to stand on any property for more than seventy-two hours without the person who owns or is entitled to possession of such premises or the employee of such person having filed a complaint in writing with a law enforcement officer as authorized by RC 4513.60.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
451.27 Notice to Cover or Remove Junk Motor Vehicles
(a) For the purposes of this section, "junk motor vehicle" means any motor vehicle meeting the requirements of division (B), (C), (D), and (E) of RC 4513.63 that is left uncovered in the open on private property for more than seventy-two hours with the permission of the person having the right to the possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under authority of RC 4737.05 to 4737.12, or regulated under authority of the City of Cleveland; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona fide commercial operation; or if the motor vehicle is a collector's vehicle as defined in RC 4501.01.
(b) The Chief of Police may send notice, by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property.
(c) No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima facie evidence of a willful failure to comply with the notice, and each subsequent period of thirty days that a junk motor vehicle continues to be so left constitutes a separate offense. (RC 4513.65)
(d) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense, such person is guilty of a misdemeanor of the third degree.
(RC 4513.99(E); Ord. No. 1434-A-86. Passed 1-26-87, eff. 1-29-87)
451.271 Abandonment Established by Notice
(a) The Chief of Police may send notice by certified mail, return receipt requested, to the owner of private property, and unless the property is unoccupied, to the person having the right to possession of the private property, if different, on which a motor vehicle meeting the requirements of divisions (B), (C), (D), and (E) of RC 4513.63 is left. Each notice sent pursuant to this division shall describe the motor vehicle by make, if known, and manufacturer's serial number, if known, and shall state that the motor vehicle shall be deemed to be on the property without permission unless the owner or person having the right to possession of the property notifies the Chief of Police to the contrary within ten (10) days of receipt of notice. Each notice sent to a private property owner shall be addressed to the owner as shown in the records of the county recorder for Cuyahoga County and sent to the tax mailing address on file with the county treasurer for Cuyahoga County, except that if the county treasurer has no tax mailing address on file, the notice shall be sent to the tax mailing address listed on the last recorded deed for the property. Each notice sent to the person having the right to possession of the private property, if different from the owner, shall use the address of the private property on which the motor vehicle is left. If all applicable notices are sent and are claimed and the owner or person having the right to possession of the property fails to notify the Chief of Police within ten (10) days of receipt of notice that the motor vehicle is on the property with permission, it shall be deemed to meet the requirement of abandonment on private property described in division (A) of RC 4513.63.
(b) In the event that a given notice sent pursuant to division (a) of this section is returned to the sender unclaimed, the Chief of Police may send the notice by regular U.S. mail to the same person that failed to claim the certified mail notice, using the same address described in division (a) of this section. If each person that failed to claim a notice sent pursuant to division (a) of this section is sent the notice by regular U.S. mail and such notice is not returned by the postal authorities with an endorsement showing failure of delivery, and if the owner or person having the right to possession of the property fails to notify the Chief of Police within ten (10) days of the sending of notice that the motor vehicle is on the property with permission, then the motor vehicle shall be deemed to meet the requirement of abandonment on private property described in division (A) of RC 4513.63.
(Ord. No. 1434-A-86. Passed 1-26-87, eff. 1-29-87)
451.28 Reserved Street Parking for United States Marshal
No person shall stop, stand or park any vehicle in any place marked as reserved for the United States Marshal. The reserved parking places for the United States Marshal are as follows:
South side of Rockwell Avenue between East 3rd Street and Public Square.
West side of East 3rd Street between Rockwell Avenue and Superior Avenue.
(Ord. No. 206-78. Passed 12-17-79, eff. 12-19-79)
451.29 Reserved Street Parking for United States Postal Service
No person shall stop, stand or park any vehicle in any place marked as reserved for the United States Postal Service between the hours of 9:30 a.m. and 1:00 p.m. Such reserved parking places are located as follows:
(a) The southeast corner of West 9th Street at Frankfort Avenue;
(b) The southeast corner of West 9th Street at Johnson Court;
(c) The east side of West 6th Street between Frankfort Avenue and Superior Avenue;
(d) The west side of West 6th Street between Lakeside Avenue and Johnson Court;
(e) The northeast corner of West 3rd Street at Superior Avenue;
(f) The southwest corner of Ontario Street at Lakeside Avenue;
(g) The southeast corner of St. Clair Avenue and West 2nd Street;
(h) The south side of Euclid Avenue between East 14th Street and East 18th Street;
(i) The southwest corner of East Mall Drive at St. Clair Avenue;
(j) The southeast corner of St. C1air Avenue at East 18th Street;
(k) The south side of Huron Road between East 4th Street and East 9th Street;
(l) The northwest corner of Sumner Court at East 14th Street;
(m) The northwest corner of East 6th Street at Rockwell Avenue; and
(n) The southwest corner of East 17th Street at Payne Avenue.
(Ord. No. 2742-81. Passed 3-29-82, eff. 4-1-82)
451.30 Reserved Street Parking for City Vehicles
No person shall stop, stand or park any vehicle except for vehicles owned by the City of Cleveland in the following places marked as reserved for City of Cleveland vehicles: The west side of East 6th Street extending from St. Clair Avenue north, a distance of two hundred ninety-eight (298) feet. This section shall be effective for a period of one (1) year after its passage.
(Ord. No. 2970-87. Passed 1-25-88, eff. 2-1-88)
451.31 Reserved Street Parking for City Police Vehicles
No person shall stop, stand, or park any vehicle except for vehicles owned by the City of Cleveland, Division of Police, in the following places marked as reserved for City of Cleveland Police Vehicles:
The west side of Ontario Street extending from St. Clair Avenue north to Lakeside Avenue.
The north side of St. Clair Avenue extending from Ontario Street west, a distance of 249 feet.
(Ord. No. 71-A-87. Passed 10-17-88, eff. 10-20-88)
451.33 Establishment of Zones for Valet Parking, Limousine, Day Care and Passenger Drop off/Pick up, and Hotel Check In/Check Out; Violations; Fees
(a) The Director of Public Service is authorized to establish valet zones on public streets to be reserved for persons leaving vehicles with a valet parking attendant.
(b) On receipt of an application for a permit to establish a valet zone, and payment of a fee of one hundred dollars ($100.00), the Commissioner of Assessments and Licenses shall transmit the application to the Director of Public Service to determine if the area in question complies with the requirements of this section. The Director of Public Service shall, within sixty (60) days of receipt of the application, notify the Commissioner of Assessments and Licenses whether the area complies with this section. On notification of compliance, the Commissioner of Assessments and Licenses shall issue the permit on a form promulgated by the Commissioner for that purpose.
(c) The Director of Public Service is also authorized to establish limousine zones for limousines and other vehicles momentarily dropping off or picking up passengers and day care zones on public streets reserved for motorists standing or parking vehicles for the purpose of dropping off or picking up children enrolled at day care centers.
(d) The Director of Public Service is also authorized to establish hotel check in/check out zones on public streets for motorists standing or parking vehicles for the purpose of checking in or checking out of a hotel.
(e) Prior to the establishment of any zone, the Commissioner of Traffic Engineering shall conduct a study and report the findings to the Director of Public Service together with recommendations as to the need for and the advisability of creating the zone. The investigation shall consider all relevant traffic engineering considerations, including without limitation the specific considerations identified in this division. Following the investigation, the zone shall not be established if the Director of Public Service determines that any of the following are true:
(1) Establishing proposed zone would create or contribute to a traffic flow or traffic congestion problem.
(2) The proposed zone is in an area already experiencing traffic congestion, and there are adequate off-street areas for standing or parking vehicles, and the proposed zone cannot be implemented without resolving, accommodating or decreasing said traffic congestion.
(3) The proposed zone is presently a restricted parking area, unless the investigation of the Commissioner of Traffic Engineering reveals that it is desirable to lift or change the restriction.
(f) The establishment of a zone under this section shall be effective ten (10) days after publication of a notice in the City Record and on the posting of signs sufficient in number and location to apprise the ordinarily observant person of the existence of the zone, and shall have the force and effect of law until rescinded by the Director of Public Service or until disapproved by ordinance of Council.
(g) The use of any zone established under this section shall be suspended on any street of the City which has been closed under any lawful authority, including without limitation street closings made under Section 133.09, 403.05 or 411.05 of these Codified Ordinances.
(h) Each zone established under this section shall be for public use and not reserved for any particular business establishment or any particular private user, except that the Director of Public Service may designate that any zone created under this section be restricted to motorists standing or parking vehicles for the purpose of dropping off or picking up children enrolled at a given day care center or centers or for the purpose of checking in or checking out of a hotel. If a zone is so restricted, the signs required by division (f) of this Section shall apprise motorists of the restriction.
(i) No person shall stand or park a vehicle in a zone established for valet parking or passenger drop off/pick up for a period in excess of ten (10) minutes, nor shall any person stand or park a vehicle in any such zone except for the purpose of leaving the vehicle in the possession of a valet parking attendant then on duty, or while actually dropping off or picking up passengers. In the case of zones established in front of business establishments with the capacity to seat more than eight hundred (800) individuals, no person shall stand or park a vehicle in a zone established for valet parking or passenger drop off/pick up for a period in excess of thirty (30) minutes, nor shall any person stand or park a vehicle in any such zone except for the purpose of leaving the vehicle in the possession of a valet parking attendant then on duty, or while actually dropping off or picking up passengers. In the case of zones established for day care drop off/pick up, no person shall stand or park a vehicle in the zone in excess of fifteen (15) minutes, nor shall any person stand or park a vehicle in any zone except for the purpose of dropping off or picking up a child or children enrolled in a day care center.
(j) No person shall stand or park a vehicle in a zone established for checking in or checking out of a hotel for a period in excess of thirty (30) minutes, nor shall any person stand or park a vehicle in any such zone except for the purpose of checking in or checking out of a hotel.
(k) No person standing or parking a vehicle in a zone established under this section shall fail to pull the vehicle curbside, right wheels to the curb, nor shall any person stop or park a vehicle alongside any vehicle stopped or parked curbside in such a zone, commonly referred to as "double parking."
(l) In valet parking zones, a valet attendant shall remove the vehicle from the city streets as soon as practicable, and under no condition shall the vehicle remain on the street for a period of time in excess of ten (10) minutes.
(m) In zones established for checking in or checking out of a hotel, parking within such zone shall be permitted twenty-four (24) hours a day, seven (7) days a week.
(n) The Director of Public Service shall have the authority to promulgate rules and regulations to implement the provisions of this section.
(Ord. No. 833-03. Passed 6-10-03, eff. 6-12-03)